Cumberlege Report

Baroness May of Maidenhead Excerpts

Thursday 3rd February 2022 Westminster Hall

[Mrs Theresa May (Maidenhead) (Con)]

As others have said, it is a privilege to serve under your chairmanship, Mr Rosindell. I add my congratulations to my hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) on having secured this important debate. We are here for a significant reason, which is, frankly, to hold the Government’s feet to the fire and press them on why they have not made more progress on this issue. As others have said, it was debated some months ago in the Chamber of the House of Commons, and the cross-party support for Government action was absolutely clear, as the presence here shows, yet we have had to come back to ask the Government why they are not making more progress.

The independent medicines and medical devices safety review was absolutely clear about the damage done by the three medical devices and medicines that it considered: Primodos, mesh—not only vaginal mesh—and sodium valproate. As my hon. Friend the Member for Elmet and Rothwell—

[Alec Shelbrooke]

Right honourable.

[Mrs May]

I am so sorry; that must have changed after my time. My right hon. Friend set out very clearly how people’s lives have changed. The hon. Member for Blaydon (Liz Twist) has just done that as well.

Lives have been not just changed, but significantly damaged. People have suffered physically, mentally, socially and, in many cases, economically. As well as suffering the direct impact of what was done to them and, in the case of Primodos, to the babies born with defects as a result of their mothers taking it, they suffered constant rejection by the state—by the NHS and the Government, the very bodies that should have been there to protect and support them. The longer it takes the Government to fully implement the recommendations of the Cumberlege report, the more rejection these people suffer. Every week that goes by is a further rejection, because the report was very clear: action needs to be taken.

I was pleased to set up the report, and I commissioned it largely out of the concern I had about Primodos, which had been raised with me by my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning), but also by our former colleague Seema Kennedy, who took up this issue as well. The aim of the review was not just to get to the truth, but to identify what needed to be done to redress the problems that had occurred, to provide support to those who had suffered, and to ensure that it could not happen again.

There are two glaring aspects to these issues. The first is that the natural reaction of the NHS and the medical establishment was—and, I fear, continues to be—to defend themselves, rather than to admit to mistakes, ensure that those who suffered were given the support they needed, and take action to ensure that those mistakes could not happen again. That is still happening.

I spoke to a constituent earlier this week who had an operation a number of years ago, and is still having operations to correct problems that arose from a mistake made in that operation. My constituent Hugh Whitfield, a former consultant surgeon who runs the Independent Medical Negligence Resolution, spoke to me before Christmas about the large sum of money the NHS spends on litigation and on trying to defend cases in court, when a better system would be to just accept that mistakes were made. I have constituents who just wanted an apology. They just wanted to know that somebody had accepted that something had gone wrong, and to be shown that it would not be allowed to happen again. Instead, the NHS spends significant sums of money trying to defend itself in court cases when there is a better solution. That is slightly aside from the main point I want to make about the Cumberlege review, but it shows that the NHS’s attitude is to defend itself, rather than accept that mistakes were made.

I want to pick up on a point made by the three Members who have spoken. Sadly, when we look at the three issues that the Cumberlege review considered, we see a patronising attitude towards women—a pat-you-on-the-head attitude. “There, there. This is the sort of thing you can expect. You’re in pain? Oh well. You’re a woman.” I am afraid that that was the attitude taken on some of these issues—and it was not just that: it was a female doctor, Isabel Gal—a woman who had survived Auschwitz—who first identified the problems with Primodos, but she was dismissed and ignored, and sadly her career was damaged as a result. She eventually left the medical profession. What comes through in the report is that there is an attitude of not being willing to listen to women’s voices, and of not accepting it when women say, “Actually, what you have done to me is causing me extreme pain and difficulty.” Instead of saying, “You know what? I do this, and I get it right. Go away, dear,” professionals should say, “Let’s look into this and find out exactly what happened, and whether we made a mistake.”

I come to three of the specific recommendations, one of which is to appoint a patient safety commissioner. Reference has already been made to this, and it is good that the Government have accepted the recommendation, although they needed a bit of a nudge in the House of Lords to do so. What concerns me is the need to ensure that this patient safety commissioner is not in hock to the Department of Health and Social Care.

My right hon. Friend the Member for Elmet and Rothwell spoke about the NHS. Yes, these are the actions of the NHS, but behind it lies the Department of Health and Social Care, which consistently resisted properly looking into these issues over a significant period. I do not want a patient safety commissioner to be taken over by the Department of Health and Social Care. It has to be somebody who can be independent and can genuinely give patients a voice.

On the recommendation to establish a redress agency, my right hon. Friend the Member for Hemel Hempstead is right that under its terms of reference, the Cumberlege review was not able to look at compensation for individuals, but it was asked to look at wider redress measures, and it proposed the redress agency—a proposal that, sadly, the Government have not been willing to accept. I know the Treasury will have heard the proposal as, “Ding, ding, ding! Pounds!”—I have dealt with the Treasury, and we all know what happens—but the agency would have a wider remit than that. The Treasury often thinks these things are just about funding and monetary compensation, but people who have suffered as a result of these issues need other sorts of support given to them—for example, support for children with special educational needs. Redress is wider than monetary compensation, which is often what Government think about.

Recommendation 9 is to set up a taskforce. The patient reference group is a good idea but, as the hon. Member for Blaydon (Liz Twist) said, where now? The taskforce would have the job of gripping this issue and pressing down on the accelerator for action. I ask the Minister: who in Government is gripping this issue and pressing the accelerator for action? As I am sure she will gather, most of us here think that nobody is doing that, and that the issue is being allowed to drift. It is important that these recommendations be followed up on.

My final thought is about levelling up—a term that some of us in politics like to use at the moment. The victims of these three issues need to have their lives levelled up with those of people who did not suffer as a result of this. Above all, NHS treatment given to women needs to be levelled up with that given to men, to ensure that women are not just patted on the head and told to go away.

--- Later in debate ---

[Maria Caulfield]

There are absolutely processes in place, including bodies such as the Care Quality Commission, which audit and inspect to ensure that the processes that have to be in place are being used. NHS Resolution is clear about the work it does, and its chief executive also gave evidence to the Select Committee this week on how the process should work. Of course, if patients feel that it is not working for them, we need to hear about it. We set up these mechanisms specifically to make compensation easy, quick and representative of the needs of those who are claiming, to make sure that they get the compensation they need as quickly as possible. That has not happened in the past; we fully acknowledge that.

The Secretary of State will announce a consultation on wider reforms to clinical negligence very soon, because we recognise that the system has not worked for people. It has been too bureaucratic, and the legal position and fear of going to court has put many people off. It does not need to be like that. We want to make it as easy as possible for people, whatever their clinical negligence claim.

[Mrs May]

I want to press the Minister. I apologise about that, but she will recognise from the debate that there is real concern about this. I have concerns about NHS Resolution and the way it operates. There are systems elsewhere, in countries such as Australia and Canada, where, at a very early stage, an independent medical expert, who is completely separate from the institution where the negligence has taken place, is brought in, and there is much more of a sense of no-fault compensation and of not needing to go to litigation. NHS Resolution gets involved in litigation, and it can take many years before that is resolved.

[Maria Caulfield]

Yes, absolutely. Part of the consultation we will announce shortly will look at international comparisons. One concern we have about some of the no-fault schemes is the caps on the amount of compensation that can be given. I think some countries have a £1 million cap. I am not an expert on how much compensation these ladies should be due, but we want to make sure that, if we set up systems like that—we are not closed to those ideas—they actually address the issues that these specific women face. We will look at those options in the round.

--- Later in debate ---

[Alec Shelbrooke]

I thank all hon. Members who have contributed this afternoon. Even though many Members have given me apologies for not being able to be present, we have covered the wide-ranging aspects of the review concerning Primodos, sodium valproate and mesh. I thank and congratulate the Minister, who showed in her response that she understands her brief. I will come on to some of the issues we disagree on, but she did not just read out what has been written for her. She has taken the issue seriously and has taken the debate on board. That is a refreshing change from her predecessor.

Let me move on to some of the specific comments. I welcome the hon. Member for Chesham and Amersham (Sarah Green), with whom I have not had the privilege of being in a debate before. She made an important point when she said that we need to listen to victims. That is the point of the report: the need to listen to victims. We have to be very careful about how we proceed. The report was trusted because the victims felt that they were finally and properly listened to. That is why it matters so much.

Let us be blunt: it does not matter which side we are on, we in this place are all getting a bit of a bad press at the moment. The report is an opportunity to show people that they can have faith in this place and trust it. When we go out, listen to victims, take their views on board and, as a Parliament, say, “The adversarial side of politics can be parked over there, because on these really important issues, we all get together and we can make things happen,” we can do things. I thank the Minister for the progress that she is making on the recommendations, and for giving us the update.

The hon. Member for Livingston (Hannah Bardell) gave us a shocking revelation. Records were destroyed, rather than people admitting the mistakes that had been made. That is why redress, the databases and all the other things that we want to introduce are so important.

We come back to this point. I thank my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) for her reference to the analogy I gave her about the aircraft industry. The Minister used the word “whistleblower”, and that is the wrong word. We are talking about cultural change, and it follows on from what the hon. Member for Livingston and my right hon. Friend the Member for Romsey and Southampton North said. We have to develop a culture in which it is natural for anybody working in a system to feed in, “This is going wrong” or “There has been some evidence of this.” There should be no blame for anybody and no comeback for their careers.

I am a great fan of the TV programme “Air Crash Investigation”—my wife cannot watch it—especially as I spend my life in the air. It is absolutely clear when people watch that programme how the airline industry is now at a point at which it is really unusual for a plane to drop out of the air, because of the no-blame culture. If somebody leaves a spanner somewhere, that gets reported. The tiniest things are reported, which is how that industry’s safety has improved.

[Mrs May]

Will my right hon. Friend give way?

[Sir Graham Brady (in the Chair)]

Order. I am terribly sorry to interrupt the right hon. Lady, but we cannot have interventions during what should be a very brief winding-up speech.